Corruption and organized crime: report

Background

Owing to the substantial threat that judicial corruption linked to organized crime poses for the independence and impartiality of the judiciary, the Special Rapporteur identified this issue as one of the topics that he will address during his mandate.

The Special Rapporteur decided to build on the progress achieved by his predecessors on the issue of corruption and how it affects the independence of the judiciary and lawyers (see in particular Special Rapporteur Knaul’s report A/67/305). He also set out to examine the threats that organized crime represents for the justice system and its connection, direct or indirect, to judicial corruption and corruption more generally.

Summary

The focus of the report is on the link between organized crime and judicial corruption, the threats generated thereby and, in turn, the challenges posed to justice systems and the legal professions. The Special Rapporteur emphasizes the vital importance of the United Nations Convention against Corruption and the fact that, as a key tool for addressing corruption, the Convention should also be considered a basic international instrument for protecting human rights.

In particular, the report seeks to identify

(a) the causes and factors that generate judicial corruption through organized crime;

(b) the extent of corruption and its impact on the judiciary and society as a whole; and

(c) the main modalities and tactics used by organized crime.

On the basis of this analysis, the Special Rapporteur identifies a number of good practices to prevent and combat corruption related to organized crime and concludes the report with a list of recommendations.